Dharma Is Not Always The Truth: Justice Kurian Joseph Objects To Supreme Court's Moto 'Yato Dharmastato Jayah'

During the speech, Justice Joseph wondered why the Supreme Court should have a different motto from the national motto. He said, “In all other High Courts and national institutions the motto is 'Satyameva Jayate', but our Supreme Court has a different motto. Our Supreme Court's motto is 'Yato Dharma Stato Jayaḥ'. I don’t know why that different motto is adopted by the Supreme Court of India, because, to me, for the Supreme Court, the guardian of the Constitution, truth is the Constitution. Dharma is not always the truth. Dharma is discharge of your duty in terms of the need of the hour. That is Dharma as popularly understood.”

He requested the Chief Justice of India and the public to think about this issue as to why the Apex Court should have a different motto than the national motto because that makes a lot of difference, according to him.

"Therefore I would request the Chief Justice of India and the well-meaning companions with him, and also the public, to think about this issue as to why the Supreme Court should have a different moto, different from the national motto, because that makes a lot of difference in its approach", he said.

As per the website of the Supreme Court, 'Yato Dharmastato Jayaḥ' means "truth alone I uphold". About the emblem of the Court called "Dharma Chakra" it is mentioned on the official website that "Its design is reproduced from the wheel that appears on the abacus of the Sarnath Lion capital of Ashoka with 32 spokes. The inscription in Sanskrit “yatodharmastato jayah” means – Truth alone I uphold. It is also referred to - as the wheel of righteousness, encompassing truth, goodness and equity".

Incidentally, the official website also says, "The concept of Dharma or law in ancient India was inspired by the Vedas which contained rules of conduct and rites and compiled in Dharma Sutras, were practiced in a number of branches of the Vedic schools. Their principal contents address the duties of people at various stages of life, the rights and duties of the kings and juridical matters. These were basis of Hindu Law", under the head- evolution of judiciary.

During his talk, Justice Joseph also spoke about the special interest any judge might have in a case and in that context, he said that the oath that a judge takes is very different from the oath of the President of India. His oath is to uphold the Constitution and the laws, and nothing else.

"I have seen judges speaking, I have done the best according to my conscience. He has no special conscience, individual conscience. His conscience is only the Constitutional conscience. He does not have a conscience formed either by his ideology or by his philosophy or by the commitment of the patrons who have helped him to reach that position. His conscience is the conscience of the Constitution. He is the conscience keeper of the Constitution", Justice Joseph said.

He spoke about the importance of Article 21 of the Constitution and how the Courts interpret Article 21 only as a right to life and forget about personal liberty part of it. He said, “What is life without liberty and why should there be life without liberty? If you are taking away the liberty part of a person there is no point in giving him the Life part of his life. So, I think I am of the strong view that you know our constitutional courts should keep in mind this Article 21, giving equal importance to both aspects of life and liberty.”

He also remarked that Media, as a fourth pillar of democracy, has “failed to defend” democracy, the Constitution and the truth and now the only hope is the fifth pillar, which is whistleblowers.

He said, “We do not find any fearless, truthful version of the facts coming out. The greatest blow to the democracy is that the fourth pillar has failed the country, forget about the first three pillars, fourth pillar which is the media has failed to defend the democracy. They have failed to defend the Constitution; they have failed to defend the truth. So, our only hope is the fifth pillar, whistleblowers… we need to support, we need to stand up, we need to speak out, we need to stay alert, and we need to stay with at least with those few of the whistleblowers who were left in the country, who are the only hope.”